MATTER OF BROADIE v. ANNUCCI

520836.

131 A.D.3d 1324 (2015)

16 N.Y.S.3d 338

2015 NY Slip Op 06863

In the Matter of OSBOURNE BROADIE, Appellant, v. ANTHONY J. ANNUCCI, as Acting Commissioner of Corrections and Community Supervision, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided September 17, 2015.


A correction officer observed petitioner approach another inmate in the plumbing shop and repeatedly strike the inmate in the head with a pipe wrench. As a result, petitioner was charged in a misbehavior report with refusing a direct order, assaulting an inmate, engaging in violent conduct and possessing a weapon. Petitioner requested various witnesses to testify at the tier III disciplinary hearing, including two inmates who were allegedly present in the plumbing shop at...

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